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Asked in Petaluma, CA Mar. 22, 2020 ,  3 answers Visitors: 3
Will my old car, SS and old mobile home be exempt if I am judgement proof?

3 Answers

Anonymous
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Posted on / Mar. 25, 2020 22:55:16

I agree with my colleagues. It appears that you are judgment-proof. Good luck.

Anonymous
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Posted on / Mar. 25, 2020 20:53:23

If you have not yet been sued by any creditor, you are not in any danger, and you do not need a lawyer. If you are sued, and if a creditor gets a judgment, the creditor will have various avenues to pursue collection of that judgment. Creditors who have small-dollar-amount judgments (less than $50,000) will not enforce the judgment by foreclosing on a home or vehicle. Especially with respect to a person's home, the procedure is complicated and therefore expensive. A more likely scenario is for the creditor to pursue a "bank levy" by seeking out the debtor's bank account and levying (taking) funds out of the bank account. The first $2,425 of your Social Security retirement payments that are direct-deposited into your account are "exempt" (safe) without having to claim an exemption.

If you are unable to pay your credit card debt and start getting collection phone calls, you can tell the creditor or debt collector that you are 70 years old, disabled, and are unable to make a payment of any amount. In some cases that will stop the collection. However, if you are sued, contact a debt collection attorney or a bankruptcy attorney right away to determine the best course of action. (You may be able to get free help or advice at a legal aid office in Marin or Sonoma County.) If you do not file a bankruptcy case, you will be able to use the California exemptions (Code of Civil Procedure 704.010 through 704.730) to claim your property as exempt.

Anonymous
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Posted on / Mar. 25, 2020 16:27:56

Your homestead exemption is $175,000. Providing mobile home is not worth more than $175,000, it would be protected. SS income is exempt. Vehicle protected if it has minimal value. Since assets are protected, it may be in your best interest to file a bankruptcy proceeding.

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